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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1205-0466
ICR Reference No:
202303-1205-002
Status:
Active
Previous ICR Reference No:
202206-1205-002
Agency/Subagency:
DOL/ETA
Agency Tracking No:
Title:
H-2A Temporary Agricultural Labor Certification Program
Type of Information Collection:
No material or nonsubstantive change to a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
06/13/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/30/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2025
10/31/2025
10/31/2025
Responses
467,843
0
458,114
Time Burden (Hours)
102,865
0
88,268
Cost Burden (Dollars)
0
0
3,692,705
Abstract:
The Immigration and Nationality Act (INA) requires the Secretary of Labor to certify, among other things, that any foreign worker seeking to enter the United States (U.S.) to perform certain skilled or unskilled labor will not, by doing so, adversely affect wages and working conditions of U.S. workers similarly employed. The Secretary must also certify there are not sufficient U.S. workers able, willing, and qualified to perform such skilled or unskilled labor. Before any employer may petition for any temporary skilled or unskilled foreign workers, it must submit a request for certification to the Secretary containing the elements prescribed by the INA and regulations.
Authorizing Statute(s):
US Code:
8 USC 1188
Name of Law: Immigration and Nationality Act
US Code:
8 USC 1101(a)(15)(H)(ii)(a)
Name of Law: Immigration and Nationality Act
US Code:
8 USC 1184(c)
Name of Law: Immigration and Nationality Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
87 FR 13760
03/10/2022
30-day Notice:
Federal Register Citation:
Citation Date:
87 FR 47230
08/02/2022
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
H-2A Temporary Agricultural Labor Certification Program Updated Forms
Form ETA-9142A – APPENDIX A, Form ETA-790A, Form ETA-232, Form ETA-790A Addendum A, Form ETA-9142A, Form ETA-790A - Addendum C, Form ETA-9142A – Appendix B, Form ETA-790, Form ETA-790A Addendum B, Form ETA-9142A, Form ETA-9142A
Nature of H-2A Application
,
H-2A LABOR CONTRACTOR SURETY BOND
,
Additional Material Terms and Conditions of the Job Offer
,
Additional Place of Employment Information
,
Additional Crop or Agricultural Activities and Wage Offer Information
,
Clearance Order Information
,
Temporary Agricultural Labor Certification
,
General Instructions
,
Attorney or Agent Declaration
,
Job Offer Information
,
Domestic Agricultural In-Season Wage Report
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
467,843
458,114
0
0
9,729
0
Annual Time Burden (Hours)
102,865
88,268
0
-1,445,088
1,459,685
0
Annual Cost Burden (Dollars)
0
3,692,705
0
-3,692,705
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
The total number of responses, burden hours, and monetized costs associated with all collections under this ICR differ from previous estimates. The Department attributes the increase on the previously approved estimated numbers of annual responses, burden hours, and monetized cost of respondent time associated with this ICR to an increase on the number of applications filed with OFLC to request labor certifications, as well as wage rate for Human Resources manager that is higher than the previous estimate included in the previous ICR submitted to OMB. Integrating the burden and costs related to Form ETA-232, which is currently authorized under ICR 1205-0017, increased the total burden under ICR 1205-0466. The record retention requirement for job opportunities in herding or the range production of livestock currently housed in 1205-0519 has always been the recordkeeping requirements associated with the information collection requirements in 1205-0466. As a result, ETA is including in this ICR Revision request that the burden currently in OMB 1205-0519 be merged into OMB 1205-0466. Adding this burden to 1205-0466 would add 5 minutes for 842 of the 14,586 respondents covered in 1205-0466 for a total burden increase of 70 hours. As a result, merging the burden of OMB 1205-0519 into OMB 1205-0466 does not increase the overall record retention burden of OMB 1205-0466.
Annual Cost to Federal Government:
$10,206,598
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Patrice Gibson 202 693-0158 gibson.patrice.a@dol.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
03/30/2023
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